State Police Sgt. Jeffrey Rineer, of the Bureau of Liquor Control Enforcement, said that between Feb. 1, when the court denied the club's license, and Aug. 8, when a search warrant was served on the property at 36-38 W. Eleventh St., a cover was charged before patrons could enter the club.

"If you're claiming you're having free alcohol, it should be free," Rineer said Tuesday. "Anybody should be able to walk in and get it for free, without a cover charge."

Rineer filed charges of sales of liquor and selling liquor and malt or brewed beverages for consumption on the premises Thursday at District Judge Walter R. Groom's office against Weinstein and the club.

Following the search warrant, Weinstein announced that he was selling the 11,071 square-foot club for $799,000.

Reached Tuesday at his Florida home, Weinstein had no comment on the case, and referred all questions to his lawyer, Christopher Ferro.

"I'm incredibly disappointed that the charges were even filed against the corporation and specifically Mr. Weinstein individually," Ferro said Tuesday. "There's not a shred of evidence to suggest the fact that Mr. Weinstein violating any liquor law with respect to the way the company was doing business during the time frame in which these charges are based on."

Neither Ferro nor Weinstein would say if the club continues to stay open.

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On Feb. 1, the state Commonwealth Court upheld the Liquor Control Board's 2010 decision to not renew Club XS' liquor license.

Licensing issues at Club XS hinged on whether the nightspot had adequate security - something the Commonwealth Court said could have prevented a June 2010 shooting in a parking lot 500 yards from the club. Weinstein said the shooting was a random act of violence.

Following the court's decision, the LCE sent undercover officers to the club to see if they could receive free alcohol.

In one example, an officer went to club Feb. 2, and was asked for $20 to enter.

When he explained an employee that he had read in the newspaper that the club was offering free alcohol, she said yes, but he "still needed to pay a cover charge to get into the bar are where free alcohol was available," charging documents state.

A security guard then told the officer that "they" had researched all of the laws and that "there was nothing that said the club could not charge a cover fee for entertainment," charging documents state.

When the officer said he was not there for the entertainment, the guard stressed that the alcohol was in fact free, but he needed to pay a cover charge to access it, charging documents state.

The officer paid the $20, went inside the club, and was served several drinks at the bar. Looking around, he did not see much in the way of entertainment.

"The only entertainment at this time was music played over speakers and accompanying videos played on monitors above the bar," charging documents state. "There was no band, disc jockey, dancing, live acts, or anything that resembled 'entertainment.'"

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On Feb. 8, Rineer called Weinstein and told him that it was believed his club was acting illegally - as a speakeasy - and that if he continued, there could be criminal charges.

Weinstein replied that he was not familiar with the term "speakeasy," and began to ask what he was doing that was illegal, according to court documents. Rineer directed him to talk to his then-attorney Larry Heim.

On Feb. 10, an undercover officer was not charged a cover at XS, and was served free alcohol. But in subsequent visits, officers found that parts of the club were cordoned off and that a cover was charged to get into those areas, typically where entertainment was held.

Officers from the LCE, along with help from Northern York County Regional Police and other agencies, used a search warrant Aug. 8 to seize 588 liters of liquor, 160 gallons of beer, and 252 liters of wine.

The club continued to operate as a bring-your-own alcohol club for several days following the search warrant and seizure of alcohol, charging documents state.